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Terms & Conditions

Thank you for visiting CNL.com. Please read and understand these Terms of Use, which govern your use of this Web site.

By accessing this site, you agree to and acknowledge the terms, conditions, notices and disclaimers provided herein as well as in our Privacy Policy, the details of which are incorporated into these terms by reference. In connection with your use of our Web site, we may also require that you agree to other specific terms and conditions in order for you to use or register for certain services. Those other terms and conditions are also incorporated into these terms by reference.

Modification
Unless otherwise provided in our Privacy Policy, we may update and change these Terms of Use and/or our Privacy Policy, at any time without notice. You should review these Terms of Use and our Privacy Policy, each time you use this Web site to confirm that you still agree to the terms of each. By using this Web site after changes have been made to these Terms of Use and/or the Privacy Policy, you are agreeing to be bound by the terms of each, as amended.

CNL products and services
The products and services described on this Web site may be offered by any of the community of companies comprising CNL. These products and services may change at any time and may not be available in all geographic areas.

General Terms of Use
By accessing this Web site, you acknowledge these disclaimers and agree to these Terms of Use. You are solely responsible for your use of this Web site, for all use made by others using your user ID and password, and for ensuring that such use is in full compliance with these Terms of Use. The information published on this Web site is provided to visitors as a convenience and is for informational purposes only. We do not represent that the information contained on this Web site is the most current information available nor is it necessarily complete. You should not rely on the information contained on this Web site when making decisions. All decisions based on information published on this Web site are your sole responsibility.

Password security and notification
If you have a user ID and password for access to non-public areas within CNL.com, you are solely responsible for all activities that occur in connection with your user ID and password. You should take measures to protect the confidentiality of your user ID and password. Please contact CNL immediately if there is any unauthorized use of your user ID, password, account or any other breach of security.

Links to other Web sites
For your convenience, this Web site may contain links to other Web sites. We do not endorse or control the linked Web sites, and are not responsible for any information contained on those Web sites. CNL will not be liable, directly or indirectly, for any damages resulting from the use or reliance on information or advertisements contained in a linked Web site.

Copyrights and trademarks
This Web site contains trademarks, service marks, copyrights, trade names, graphics, logos, software, images and text that are the property of CNL or are licensed to CNL. Other information on this Web site may be copyrighted by or be a trademark or service mark of a third party.

The content of this Web site is protected under the copyright laws of the United States, as well as other intellectual property laws. Reproduction, republishing or copying of the information contained on this Web site is not permitted in any form without the prior written consent of CNL or its licensors. Please note that any unauthorized entry (commonly known as hacking) into any portion of CNL's Web site may constitute a crime under state and/or federal law. CNL will prosecute these violations to the fullest extent permitted by law. Links to this Web site are strictly prohibited without the prior written consent of CNL.

No warranties and limitation of liability
The information contained in and the products and services provided on this Web site are provided "as is" and CNL makes no warranties of any kind, either express or implied, including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. In addition, CNL makes no warranties of any kind as to the accuracy or completeness of the information contained in this Web site. CNL cannot and does not guarantee or warrant that the files available for downloading from this Web site and any services will be free from infections or viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties. In no event shall CNL, its subsidiaries, its affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents be liable for incidental, consequential, special, direct, indirect, exemplary or punitive damages, including lost profits, that result from or are related to the information published on this Web site (even if CNL has been advised of the possibility and likelihood of such damages). You specifically agree to hold CNL, its subsidiaries, its affiliates and any of its or their officers, directors, shareholders, employees, representatives or agents harmless and agree that they will not be liable for any damages or losses caused, directly or indirectly, by software failure, system failure, Web site security failure, unauthorized access to the Web site or any other technical problem.

Prohibited uses; user liability
Because all servers have a limited capacity and are used by many people, CNL's Web site shall not be used in a manner that could damage or overburden any CNL server, or any network connected to any CNL server. Furthermore, CNL's Web site may not be used in a manner that would interfere with any other party's use of the CNL Web site. CNL reserves the right to monitor your use of this Web site and any communications by you related to such use. CNL assumes no liability in connection with its monitoring activities. If your use of this Web site violates any of these Terms of Use or any applicable law, CNL reserves the right to discontinue, restrict, change, limit, or permanently revoke your right to use the services provided on this Web site. You hereby agree to be responsible for any and all liabilities, costs and expenses (including attorney's fees) arising from any technical disruption of or damage to this Web site (including the software and systems that transmit the Web site) caused directly or indirectly by your use of this Web site.

Indemnification
You hereby agree to indemnify and hold CNL, its subsidiaries, its affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents harmless from and against any and all damages, liabilities, claims, demands, suits, actions, causes of action, losses, costs and expenses (including attorney's fees and court costs) arising from your use of this Web site, or from your violation of these Terms of Use.

Information collected
We recognize our responsibility to safeguard the nonpublic personal information you provide to us. We collect nonpublic personal information on this Web site in order to administer our business activities, provide customer services and afford our customers and prospective customers with the best possible products and services. For example, the name and address of each investor is needed in order insure that each investor receives their distribution checks and other mailings that are sent to investors. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as required to provide our customers with services in connection with their investment in our products and services or as otherwise permitted by law. For example, we may share information about you with our affiliates that coordinate mailings to investors and customers of information relating to their investment, such as financial reports and proxy materials, and with some outside service providers, such as the transfer agent employed by the entity in which a customer has invested. We share only the information that is necessary to provide our customers and prospective customers with the best quality services and products. We make sure that our affiliates comply with our policy with regard to nonpublic personal information and that any outside service provider is contractually obligated to maintain the privacy and confidentiality of any information we share. We restrict access to nonpublic personal information to those associates who need to know such information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards to guard your nonpublic personal information. However, in connection with your transmission of information electronically via this Web site or email, you hereby accept the risk that third parties may intercept such information as well as any information that we transmit to you. Although we use Internet security technologies to protect the confidentiality of the information transmitted via this Web site, we cannot guarantee that third parties will not intercept it.

It is not the responsibility or obligation of CNL to authenticate, confirm or otherwise verify the accuracy or propriety of information transmitted via this Web site. CNL shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this Web site or email. For more information on the practices employed by CNL with respect to the collection, distribution and protection of information transmitted via our Web site, please review the terms of our Privacy Policy.

Multiple party account holders
If an account with CNL is held in the name of more than one party (a "multiple party account"), each named party shall be allowed access to such account via this Web site, subject to these Terms of Use. If you are the holder of a multiple party account and you access such account via this Web site, you hereby warrant that you have informed all other named parties on such account that you have signed-up for access to the account online and that such other named parties have consented to your access to the account via this Web site. In addition, you hereby warrant that you and all other named parties on your multiple party account have agreed that all transmissions concerning your multiple party account are binding on all named parties on such account, irrespective of who initiated the transmission. Accordingly, you shall be liable to all other named parties on your multiple party account for all consequences of any transmissions regarding your multiple party account. It is not the responsibility or obligation of CNL to authenticate, confirm or otherwise verify the accuracy or propriety of information transmitted via this Web site with all parties named on a multiple party account. CNL shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this Web site or via email with regard to a multiple party account.

Statements, notices, confirmations & other communications
By signing up for an account on this Web site, you agree to receive all statements, notices, confirmations and other communications regarding your Web site account via electronic delivery. Electronic delivery may be in the form of email, an attachment to email or a downloadable document on this Web site. Statements, notices, confirmations and other communications regarding your Web site account may also be sent to you via postal mail or provided to you verbally. It is your responsibility to immediately review all statements, notices, confirmations and other communications sent to you. All information contained therein shall be binding upon you unless CNL receives a valid objection from you in writing or via email within 48 hours of your receipt of such communication. CNL reserves the right to determine the validity of any such objection. In addition, if you incur technical difficulties in opening an electronic communication from CNL or downloading an item from this Web site, it is your sole responsibility to notify CNL in writing or via email within 48 hours of your receipt of such communication. If you do not notify CNL of such a technical difficulty within 48 hours of your receipt of a communication, you shall be deemed to have opened and reviewed the communication.

Securities information
The information provided in any service or in this Web site does not constitute investment, tax, financial, legal or other advice. CNL makes no representation regarding the accuracy or importance of any services. Information received via this Web site or the services should not be relied upon for personal, investment, tax, legal or financial decisions, and prior to the execution of any transaction by you related to any information you have obtained from this Web site or the services, you should consult with your financial, tax and investment advisors and an attorney, or otherwise seek appropriate professional advice tailored to your situation. This site and the services are published solely for informational purposes and are not a solicitation, recommendation, endorsement or offer by CNL or a third party to buy or sell any stock, mutual fund, security, or other financial instrument. The investment information provided on the Web site does not attempt or claim to be a complete description of the securities, markets or developments referred to in the materials. All expressions of opinion are subject to change without notice. CNL does not undertake to advise anyone via this Web site. CNL, its affiliates, and their respective directors, employees or agents may have clients with positions in securities or companies mentioned on this site, and CNL may have business relationships with such companies.

Jurisdiction
The laws of the State of Florida shall govern all matters arising out of the use of this Web site, and by accessing this Web site you irrevocably consent to the jurisdiction of the courts located in the State of Florida for any cause of action in connection with your use of this Web site. Should your use of this Web site or the content published on this Web site be contrary to the laws of the jurisdiction from where you access the Web site, then this Web site is not intended for your use, and you should discontinue use of the Web site. You are solely responsible for knowing the laws of your jurisdiction and for assuring your compliance with such laws.

Use outside of the United States; limited availability
Not all products or services described on this site may be available to all persons or entities or in all jurisdictions. This site was created in the United States and complies with local United States laws. This site and/or the services may not comply with legal requirements in foreign countries. Any and all information obtained from this site is not provided for and may not be used by any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.

Severability
If a court determines any provision of these Terms of Use to be illegal or unenforceable, then such portion will be eliminated or enforced to the maximum extent possible, and the remaining Terms of Use will remain in full force and effect.

Arbitration
You agree that CNL, at its sole discretion, may require you to submit any disputes arising from the use of this Web site, the services, and/or these Terms of Use concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptability to newly arisen circumstances to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, the laws of the state as set forth herein shall govern such proceeding. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

Entire agreement
These Terms of Use and CNL's Privacy Policy constitute your entire agreement with CNL regarding this Web site and its services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and CNL with respect to CNL's Web site or its services..

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